Maria Macias et al v. City of Long Beach et al

Filing 13

MINUTES - IN CHAMBERS by Judge Percy Anderson: In the order following the Scheduling Conference, the Court ordered that Plaintiffs "shall file an amended complaint by no later than 9/24/2012" 10 . To date, and despite the expiration of the ir deadline to do so, Plaintiffs have not filed a First Amended Complaint. Despite Plaintiffs' counsel's failure to file a First Amended Complaint within the deadline he previously requested, the Court will allow Plaintiffs until 12:00 PM o n 10/12/2012, to file their First Amended Complaint. The failure to file a First Amended Complaint by that date and time may result in the dismissal of this action without prejudice without further warning by the Court. Plaintiffs' counsel is or dered to show cause in writing no later than 12:00 PM on 10/12/2012, why he should not be sanctioned in an amount up to $500 for violating the Court's 9/17/2012 order that he file a First Amended Complaint by no later than 9/24/2012. Court Reporter: Not Reported. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-3113 PA (FFMx)

Title

Maria Macias, et al. v. City of Long Beach

Present: The
Honorable

Date

October 3, 2012

PERCY ANDERSON, UNITED STATES DISTRICT JUDGE

Paul Songco

Not Reported

N/A

Deputy Clerk

Court Reporter

Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

IN CHAMBERS

At the scheduling conference conducted on September 17, 2012, counsel for plaintiffs Maria
Macias and Lidia Amesquita (“Plaintiffs”) admitted that the Complaint erroneously asserted claims on
behalf of Macias in a representative capacity as the successor in interest to decedent Ismael Lopez
(“Decedent”). At the scheduling conference, Plaintiffs’ counsel conceded that those claims should
instead be asserted by Amesquita, Decedent’s mother. Plaintiff’s counsel asked the Court to have until
September 24, 2012 to file a First Amended Complaint to correct and clarify which claims were being
asserted by Amesquita and which claims were being asserted by Macias. In the order following the
Scheduling Conference, the Court ordered that Plaintiffs “shall file an amended complaint by no later
than September 24, 2012.”
To date, and despite the expiration of their deadline to do so, Plaintiffs have not filed a First
Amended Complaint. Instead, on October 2, 2012, Plaintiffs filed a Declaration of Lidia Amesquita that
states that Amesquita is the Decedent’s successor in interest. Additionally, the parties’ revised Joint
26(f) Report, filed on October 2, 2012, acknowledges that Plaintiffs were ordered to file an Amended
Complaint but had failed to do so. While Amesquita’s Declaration establishes that the original
Complaint improperly asserts claims on behalf of Macias that she is not legally entitled to bring, the
Declaration does not cure the pleading deficiencies in the original Complaint identified during the
scheduling conference.
Because the original Complaint does not properly allege claims on behalf of the proper plaintiff,
the Court dismisses the original Complaint with leave to amend. Despite Plaintiffs’ counsel’s failure to
file a First Amended Complaint within the deadline he previously requested, the Court will allow
Plaintiffs until 12:00 p.m. on October 12, 2012, to file their First Amended Complaint. The failure to
file a First Amended Complaint by that date and time may result in the dismissal of this action without
prejudice without further warning by the Court.

:
Initials of Preparer

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 12-3113 PA (FFMx)

Title

Date

October 3, 2012

Maria Macias, et al. v. City of Long Beach

Plaintiffs’ counsel is ordered to show cause in writing no later than 12:00 p.m. on October 12,
2012, why he should not be sanctioned in an amount up to $500 for violating the Court’s September 17,
2012 order that he file a First Amended Complaint by no later than September 24, 2012.
IT IS SO ORDERED.

:
Initials of Preparer